Ohio Expungement Laws: Sealing and Expungement Under ORC 2953.32
Ohio Expungement Laws: Sealing and Expungement Under ORC 2953.32
Ohio law gives eligible individuals two forms of criminal record relief, sealing and expungement, governed by Ohio Revised Code (ORC) § 2953.32. Senate Bill 288, which took effect April 4, 2023, significantly expanded who qualifies and introduced true expungement for conviction records for the first time in the state's history.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Ohio state law only. For a comparison across all states, see Expungement Laws by State.
What Senate Bill 288 Changed
Ohio's General Assembly passed Senate Bill 288 (134th General Assembly), and it became effective on April 4, 2023. Before that date, only "eligible offenders," a narrowly defined category tied to the total number of prior convictions, could petition for record sealing. SB 288 eliminated that categorical definition entirely.
Under the reformed statute, courts now evaluate each conviction individually. A person may seek sealing or expungement of an unlimited number of qualifying convictions, as long as no individual offense falls into a prohibited category and the applicable waiting period has elapsed. SB 288 also formally introduced expungement as a distinct remedy for adult conviction records, separate from sealing, under ORC § 2953.32. Prior to the bill, true destruction of conviction records was not available in Ohio. The bill preserved sealing (record hidden but retained) while layering on expungement (record destroyed) as a higher-tier remedy with longer waiting periods. Any person whose convictions became eligible under the expanded standards retroactively gained the right to petition under the new framework. (Ohio Legislature, Senate Bill 288, 134th General Assembly, eff. April 4, 2023.)
Sealing vs. Expungement: Key Distinction
Ohio law draws a meaningful line between sealing and expungement, and the difference matters for background checks and government access.
When a record is sealed under ORC § 2953.32, it is removed from all public records and becomes inaccessible to employers, landlords, and the general public. However, the government retains the record. Law enforcement agencies, prosecutors, the Ohio Bureau of Criminal Investigation (BCI), probation officers, and certain licensing boards may still access sealed records. Under ORC § 2953.34, a person with a sealed record may legally answer "no" on most private employment applications when asked about prior convictions, with an exception for positions where the conviction bears a direct and substantial relationship to the job.
When a record is expunged under ORC § 2953.32, the court orders the physical and digital destruction of the record. BCI and law enforcement agencies must delete or destroy their copies. Index records are removed permanently. The Ohio Supreme Court's sentencing commission has clarified that expungement under § 2953.32 does not destroy every government copy but does eliminate index records, making the record practically unsearchable. Expungement is available only for convictions whose offense level and waiting period qualify under the statute; it is not available for misdemeanor domestic violence convictions, which may be sealed but not expunged under ORC § 2953.32. (ORC § 2953.34; Ohio Supreme Court Sentencing Commission, RC 2953.32 Expungement Memo, May 2023.)
Waiting Periods and Eligibility by Offense Level
The waiting period for both sealing and expungement runs from the date of final discharge, defined under ORC § 2953.31 as the completion of all incarceration, supervision (probation or parole), and payment of all fines and restitution. Court costs are not included in the final discharge calculation.
Sealing waiting periods (ORC § 2953.32):
- Minor misdemeanor: 6 months after final discharge
- Misdemeanor (M1 through M4): 1 year after final discharge
- Fourth-degree felony (F4) or fifth-degree felony (F5): 1 year after final discharge
- Third-degree felony (F3): 3 years after final discharge
- Tier 1 or Tier 2 sex offenses (where eligible): 5 years after sex offender registration requirements end
Expungement waiting periods (ORC § 2953.32):
- Minor misdemeanor: 6 months after final discharge
- Misdemeanor (M1 through M4): 1 year after final discharge
- Fourth- or fifth-degree felony: 11 years after final discharge
- Third-degree felony: 13 years after final discharge
There is no expungement pathway for first- or second-degree felonies under any circumstances. For F3 felonies, sealing is limited to a maximum of two convictions that are non-violent. The court weighs each petition individually, considering the interests of the applicant, prosecutorial objections, victim impact, and public safety before granting any order. (ORC § 2953.32(B)-(C).)
Offenses That Cannot Be Sealed or Expunged
Ohio law, primarily through ORC § 2953.36, lists categories that are permanently ineligible for both sealing and expungement:
- First- or second-degree felonies
- Felony offenses of violence (except narrow exceptions for M1 riot under ORC § 2917.03, assault under § 2903.13, inciting to violence under § 2917.01, and inducing panic under § 2917.31)
- Sexually oriented offenses that require registration under ORC Chapter 2950
- Any offense, whether misdemeanor or felony, where the victim was under 13 years of age at the time of the offense
- Most traffic convictions under ORC Chapters 4506, 4507, 4510, 4511, and 4549 (commercial and standard motor vehicle offenses)
- Violations of ORC § 2919.25 (domestic violence at M3 or M4 level) may be sealed but not expunged
Bail forfeiture entries are treated similarly to convictions for sealing purposes under ORC § 2953.32 and may be sealed when the underlying charge would have qualified. Non-conviction records, including dismissed charges, not-guilty verdicts, and no-bill grand jury returns, are handled under the separate provision at ORC § 2953.33 and are generally eligible immediately or after a 2-year wait for no-bills.
How to File: The Application Process
Petitions for sealing or expungement under ORC § 2953.32 are filed with the court that originally sentenced the applicant. A single application may cover multiple cases, regardless of the number of records requested. The step-by-step process is:
- Confirm eligibility by verifying the offense level, absence of prohibited categories, and elapsed waiting period since final discharge.
- Obtain and complete the court's petition form. Many Ohio courts, including the Franklin County Municipal Court Self-Help Resource Center, provide free assistance and forms.
- Pay the $50 application fee to the court. An additional local fee of up to $50 may apply depending on the county. Applicants who qualify as indigent may submit a poverty affidavit in place of the fee.
- The court sets a hearing date not less than 45 days and not more than 90 days from the date of filing, and notifies the prosecuting attorney for each case listed in the application at least 60 days before the hearing.
- The prosecutor may file a written objection stating reasons for denial, but must do so no later than 30 days before the hearing date, under ORC § 2953.32(B).
- The court holds a hearing. If the applicant is an eligible offender and the interests of justice support granting relief, the court issues a sealing or expungement order.
- Upon a granted order, the court notifies BCI, the arresting agency, the Ohio Department of Rehabilitation and Correction, and all other relevant agencies to seal or destroy their records of the case.
The timeline from filing to a court decision typically ranges from 60 to 90 days, depending on court scheduling and whether the prosecutor files an objection. (ORC § 2953.32(B)-(D).)
Juvenile Records: Separate Track Under ORC Chapter 2151
Juvenile adjudications follow a different statutory path from adult convictions. A juvenile adjudication in Ohio is not a criminal conviction, but the record can still affect employment, housing, and education.
Under ORC § 2151.356, a person may apply to the juvenile court for sealing of their record. If the person is under 18 at the time of application, they may file 6 months after discharge from parole or probation. If the person is 18 or older, they may file immediately after final discharge. The juvenile court holds a hearing and considers whether sealing serves the interests of the person and the public.
Once a juvenile record is sealed, expungement under ORC § 2151.358 occurs automatically, either 5 years after the sealing order is issued or upon the person's 23rd birthday, whichever comes first. There is no need to file a separate expungement petition for juvenile records; the court carries out the destruction on its own schedule. Juvenile records do not automatically seal at age 18; a court order is still required.
Certain serious juvenile adjudications, including those for acts that would constitute a first- or second-degree felony if committed by an adult, may be ineligible for sealing under ORC § 2151.356(B).
Disclaimer: This article covers Ohio record sealing and expungement law as of May 29, 2026, based on ORC § 2953.32, § 2953.33, § 2953.34, § 2953.36, § 2151.356, and § 2151.358, as amended by Senate Bill 288 (eff. April 4, 2023). Laws change and court interpretations vary by county. This article is not legal advice. Consult a licensed Ohio attorney before filing any petition for sealing or expungement.
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Sources
The statutes and official documents cited in this article are drawn from the Ohio Revised Code (codes.ohio.gov), Ohio Senate Bill 288 (134th General Assembly, effective April 4, 2023), and the Ohio Supreme Court Criminal Sentencing Commission memorandum on ORC § 2953.32 (May 2023).
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RecordingLaw.com provides legal information, not legal advice. Always consult a licensed Ohio attorney for guidance specific to your situation.